VINTON, LA

                January 20, 2015

 

                The Mayor and Council of the Town of Vinton, Louisiana, met in regular session at the regular meeting place of said Mayor and Council, in the Town Hall, Vinton, Louisiana, at 6:00 p.m. on the 20th       day of January, 2015, with the following members present:

 

                                                                                Kenneth O. Stinson, Mayor

                                                                                Bliss Bujard, Council Member

                                                                                William “BB” Loyd, Mayor-Pro-Tem

                                                                                Kevin Merchant, Council Member

                                                                                Paul Patin, Council Member

                                                                                Marcus Renfrow, Council Member

                                                                                                                                                                                                               

                                ABSENT:                               None

                               

                                ALSO PRESENT:                 Cade R. Cole, Town Attorney

                                                                               

                                                                The following Reports were submitted:

 

                Total Payroll for December, 2014                                             $   115,746.83

                                Total Receipts for December, 2014                                          $1,107,020.10   

                                Total Disbursements for December , 2014                            $   871,807.79

                                Total Bills for December, 2014                                                   $   356,945.03

 

 

 

Kenneth O. Stinson, Mayor called the meeting to order.  Rev. Dale Tatum led

 in prayer, and then followed the Pledge of Allegiance.

 

                                The Mayor’s Armed Forces Committee presented Appreciation Awards to Rev. Lee Perkins and Rev. Dale Tatum for their dedicated service to our country and community.

 

                                It was moved by Council Member Merchant that the minutes of prior meetings, copies of which were mailed to each Council Member prior to the meeting, be approved as written.  The motion was seconded by Council Member Loyd and carried.

 

                                Mary Vice, City Clerk gave the monthly Administration Department report.

 

                                Bills for the month of December, 2014, were approved and payment authorized upon a motion by Council Member Loyd, seconded by Council Member Bujard and carried.

 

                                Mayor Stinson updated the governing authority on pending grants and projects.  He also announced that the Mardi Gras Parade will begin at 2:00 P.M. on February 7, 2015.

 

                                Mayor Stinson called for the land owner and/or the representative of 1512 Eddy Street to come forward and show cause as to why the structure located on said property should not be condemned and demolished.

 

                                The land owner and/or representative was not present for hearing.  Mr. David Thibodeaux, Parish Inspector reported to the council that the structure located on 1512 Eddy Street has been found to be dilapidated and unsafe and therefore recommended for condemnation and demolition.

 

                                Upon the recommendation of the Parish Inspector, it was moved by Council Member Bujard that the structure located on 1512 Eddy Street be condemned and to move forward with the demolition process.  The motion was seconded by Council Member Merchant and carried.

 

                                It was moved by Council Member Merchant that he regular meeting be recessed for a public hearing on the proposed Single Family Occupancy and Mobile Home Regulations Ordinance.  The motion was seconded by Council Member Bujard and carried.

 

                                Attorney Cole read and explained the ordinance and its intent.

 

                                There was discussion from the public regarding the “Grandfather” clause and the definition of “Family”.

 

                                After all the questions were discussed and answered, it was moved by Council Member Merchant that the regular meeting be re-convened.  The motion was seconded by Council Member Loyd and carried.

 

                                It was moved by Council Member Merchant that the following Ordinance be adopted.  The motion was seconded by Council Member Bujard and the vote cast thereon was as follows:

 

                                                YEAS:  Council Members Bujard, Loyd, Merchant, Patin and Renfrow

 

                                                NAYS:  None

 

                                         ABSENT:  None

 

                                                                ORDINANCE NO. ______

 

SINGLE FAMILY OCCUPANCY AND MOBILE HOME REGULATIONS

 

Be it ordained by the Mayor and Council of the Town of Vinton that:

 

The Code of Ordinances, Town of Vinton, Louisiana, is hereby amended by amending and re-enacting Sections 15.5—33 through 15.5-35 of  Chapter 15.5, and enacting the Sections of Chapter 15.4 which said Sections shall now read as follows:

 

Chapter 15.4  Single Family Occupancy

 

            Section 15.4-1             Definitions

Dwelling. One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the residential uses.

Family. One or more persons related by blood, marriage, adoption or guardianship, the occupants of a community or group home for mentally or physically challenged individuals, or not more than three persons not so related occupying a dwelling unit and living as a single housekeeping unit shall be considered a family. The persons constituting a family may also include foster children, an owner’s gratuitous guests, and other temporary gratuitous guests. “Foster child” means a person under the age of 18 who has been placed in the legal custody of a resident by the relevant court or state agency.  "Temporary gratuitous guests" as used herein shall refer to natural persons occasionally visiting such housekeeping unit for a short period of time not to exceed 20 days within a 60-day period, and provided that no compensation is paid by or to anyone for their stay. “Owner’s gratuitous guests” as used herein shall refer to natural persons residing as guests of the owner of a dwelling where the owner is personally domiciled and an actual permanent resident of that dwelling, and provided that no compensation is paid by or to anyone for their stay. “Owner” as used in this section shall refer to a natural person who holds fee simple title to or a usufruct over the entirety of a dwelling.

Residential District.        The area of the Town not within the town’s fire limits.

 

            Section 15.4-2             Occupancy in the Residential District

 

            As provided in the minimum lot size ordinance no more than one dwelling shall exist on a lot, and no dwelling within the Residential District may be occupied by persons who do not meet the definition of Family as stated herein, and no dwelling may be rented for other than single-family occupancy. 

 

            Sec. 14.4-3                  Minimum Dwelling Size

            No dwelling shall hereafter be occupied, and no structure of any nature may be used as a dwelling, if it is smaller than six hundred square feet (600 sq. ft.) in total area.

 

            Sec. 15.4-4. - Penalty provisions.

            (a) It shall be unlawful for any person to violate or fail to comply with any provision of this chapter. In the alternative to any specific penalty provided therefore, the violation of, or failure to comply with, any provision of this chapter shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed six (6) months, or, by both such fine and imprisonment within the discretion of the court, together with court costs and expenses.

            (b)        Each day any violation of, or failure to comply with, any provision of this chapter continues, each such violation or failure to comply shall constitute a separate offense.

            (c)        The Town shall have the right to enter upon any and all premises to ascertain whether the terms of this chapter are being complied with and any person denying or obstructing such entry shall be subject to the penalties provided herein.

            (d) Nothing in this chapter shall affect any criminal remedy provided by law or any legal power to inflict penalties for contempt.

            (e)        Any person who is mailed a violation notice shall remedy the violation within 30 days, and any person who does not shall be subject to having all public utility services to the structure immediately disconnected with forfeiture of deposit.

 

*          *          *

            Sec. 15.5-33.  Parking, occupation of trailer or mobile home on private premises--Generally prohibited.

            No person shall park or occupy any trailer or mobile home on any premises where there is an occupied dwelling or on any lot which is not a part of the premises where there is an occupied dwelling.

            Sec. 15.5-34.  Same--When permitted.

            (a)        Definition of Mobile Home.

                        (1) Mobile home, house trailer, or dwelling that is in compliance with the U.S. Department of Housing and Urban Development Quality Housing Standards (Section 8) that are mounted on a metal chassis and may be moved on existing or attachable axles or wheels.

            (b)        Restrictions. 

            Mobile Homes may be parked on residential lots or other tracts that comply with the minimum lot size ordinance and where there is no other occupied dwelling, and may be used for occupancy (if subdivision restrictions do not prohibit same and if said lot or tract is outside of the fire limits of the town) if the following Minimum Standards are satisfied; provided that any such mobile home is constructed and located in compliance with all building, plumbing, sanitary, health and electrical ordinances, and otherwise in compliance with all other applicable ordinances.

            (c) Minimum Standards. 

            Every mobile home situated on a lot or within a defined mobile/manufactured home park and/or mobile home district shall conform to the following minimum standards:

                        (1)        Each mobile home shall be a minimum size of six hundred (600) square feet.

                        (2)        Mobile home shall have skirting in place within thirty (30) days of placement and prior to occupancy.

                                    a.         All skirting shall be non-flammable and meet one (1) of the following requirements:

                                                1.         Manufactured skirting; or

                                                2.         Decorative metal, vinyl or plastic skirting; or

                                                3.         Vinyl or plastic lattice work skirting; or

                                                4.         Brick, mortar or other stone structure skirting.

                                                5.         Exclusion. Skirting made of wood products (including wooden lattice work) is excluded, together with repurposed metal or tin.

                        (3)        Each mobile  home shall be inspected by the city inspection department for compliance with the provisions of this section and any other applicable city and/or state ordinance, which inspection shall include, in addition thereto, the following non-exclusive particulars:

                                    a.         The mobile/manufactured home is not in deplorable condition.

                                    b.         The siding and roof are in such condition that is structurally and aesthetically sound. To be considered aesthetically sound, there must be:

                                                1.         No evidence of rotting or weathered components.

                                                2.         No dual roofing or "roofcap" system installed (an alteration by installing a second roof structure over the factory built or original structure) prior to transport.

                                                3.         No exterior staining or discoloration in excess of five (5) percent of the exterior surface area.

                                                4.         No evidence of other similar type of defects.

                                    c.         Windows are not broken or missing.

                                    d.         All entry and exit doors are operable.

                                    e.         Flooring shall be structurally sound.

                                    f.          The skirting meets one (1) of the requirements of subsection (c)(2).  

                                    g.         Foundations for mobile/manufactured homes must comply with Louisiana Manufactured Home regulations.

                                    h.         Skirting shall extend from the bottom of the mobile/manufactured home to the ground.

                                    i.          Skirting shall cover all four (4) sides of the mobile/manufactured home.

                                    j.          All mobile homes shall be securely fastened, anchored or tied down in a suitable fashion consistent with normally acceptable standards in mobile/manufactured home industry.

                                    k.         All mobile  homes shall be connected with city sewer, water, electrical and/or gas power in accordance with applicable city and/or state ordinance.

                        (4)        A travel trailer or motor home shall not be used as a primary or rental domicile, except in a travel trailer park that is compliant with this Chapter.

                        (5)        The mobile home shall be no more than ten (10) years old at the time application for a permit is made.

                        (6)        All mobile homes shall be used as single family dwellings only.

                        (7)        The mobile home shall be situated not less than twelve (12) feet from the property line of the lot or parcel of property on which it is situated and more than twelve (12) feet back from the street right of way.

            (d)       Application. 

            An Application for placement of a mobile home within the Town of Vinton shall be made on a form provided for that purpose by the Mayor’s designee. Upon receipt of the application the designee shall submit the application to the Town’s Public Works Department for review. Each application shall include all information necessary to make a decision in accordance with this ordinance, including, but not limited to photographs, drawings, renderings of the front and side of the mobile home, and such other information as required by the inspector. The applicant shall be notified in writing of the approval or disapproval of his application within 30 days of the filing of the application with the Town. In the case of disapproval, the applicant shall have 30 days to request an appeal to the Council. The denial letter shall provide the applicant with instructions for filing an appeal. The Council shall act on the appeal as soon as possible after notice of the appeal, and in any case, no later than 45 days after receipt of the appeal by the Town.

            (e)        Pre-existing Uses.

            Any mobile home in place on January 20, 2015 and in compliance with Section 15.5-34 of this Code on that date shall be exempted from the additional restrictions of Section 15.5-34 made effective on January 21, 2015, but this exception shall not allow the siting of an a new mobile home in violation of this ordinance if the pre-existing ‘grandfathered’ mobile home is relocated or replaced, nor shall it allow that mobile home to be relocated or moved to another lot in the town. This exception shall also not apply to the occupancy of any travel trailer in violation of Section 15.5-34(c)(4) commencing on the date of a change in ownership of the property on which that travel trailer is located.

Sec. 15.5-35. - Penalty provisions.

            (a) It shall be unlawful for any person to violate or fail to comply with any provision of this chapter. In the alternative to any specific penalty provided therefore, the violation of, or failure to comply with, any provision of this chapter shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed six (6) months, or, by both such fine and imprisonment within the discretion of the court, together with court costs and expenses.

            (b)        Each day any violation of, or failure to comply with, any provision of this chapter continues, each such violation or failure to comply shall constitute a separate offense.

            (c)        The Town shall have the right to enter upon any and all premises to ascertain whether the terms of this chapter are being complied with and any person denying or obstructing such entry shall be subject to the penalties provided herein.

            (d) Nothing in this chapter shall affect any criminal remedy provided by law or any legal power to inflict penalties for contempt.

            (e)        Any person who is mailed a violation notice shall remedy the violation within 30 days, and any person who does not shall be subject to having all public utility services to the structure immediately disconnected with forfeiture of deposit.

 

APPROVED AND ADOPTED at Vinton, Louisiana, on this the 20TH day of January, 2015. 

 

______________________________________

                                                                                    Mary O. Vice, City Clerk

 

 

I HEREBY CERTIFY that the fore-                                                                              The foregoing Ordinance is

going Ordinance has been presented                                                                               hereby approved and

to the Mayor this 29th day of                                                                                           returned to the Town Clerk this

January, 2015      .                                                                                                               30th day of January, 2015.

 

______________________________                                                                          ____________________________

              City Clerk                                                                                                                                                Mayor

 

                                Attorney Cole discussed the latest proposal from Crown Castle regarding their lease with the Town.

 

                                Chief Ricky Fox gave the monthly police department report.

 

                                Terry Vice, Director of Public Works gave the monthly public works and electrical department reports.

 

                                Jerry Merchant, Fire Chief gave the monthly fire and civil defense reports.

 

                                Mr. Lynn Hohensee, Vinton Harbor & Terminal Port Director introduced himself to the governing authority and public present and discussed the many upcoming opportunities for the Port of Vinton.

                                There being no further business to come before the Governing Authority, it was moved by Council Member Olyd that the meeting be adjourned.  The motion was seconded by Council Member Patin and carried.                           

                                                                                                                _________________________________

                                                                                                                                Kenneth O. Stinson, Mayor

ATTEST:

___________________________

Mary O. Vice, City Clerk